Simon De Bavay was sentenced to spend at least eight months behind bars Wednesday morning in Armidale Local Court.

That afternoon De Bavay applied to have the jail time overturned in the district court next month.

He was then released on appeal bail until his case is heard in the district court.

De Bavay pleaded guilty to three instances of aggravated indecent assault of the girl, who was aged either nine or 10 at the time, while she was under his care.

The court heard an underlying feature of De Bavay’s offending was because he believed he was in love with the girl.

When he was babysitting her and her brother, De Bavay had used a glove to wash the girl while she was in the shower, touching her body and genitals.

Afterwards he massaged oil into the girl’s back, feet and genitals.

On another occasion during a prayer weekend De Bavay admitted to taking the girl’s hand and putting it on his genitals.

Magistrate Karen Stafford said the offence was a “gross breach of trust” of the family, with the girl having very little choice in the matters, and while De Bavay wasn’t violent towards the girl, his actions were not acceptable.

“It is a serious offence,” she said.

“I have to ... deter these kinds of emotional feelings towards young children.”

When the matter returned to court that afternoon for De Bavay’s bail hearing, Magistrate Stafford said she found the situation perplexing as in her view he should be in jail.

She decided, however, to grant him bail, saying it was unlikely he was a flight risk or would interfere with the girl or her family.